Patna High CourtCR. MISC./18118/2017bail granted

Birendra Paswan v. The State Of Bihar

2017-04-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18118 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Birendra Paswan Sono f Mahavir Paswan, Resident of VillageMadhurapur, Police Station-Pipra District-East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 The petitioner is in custody since 27.01.2017 in connection with Pipra P.S. Case No. 13 of 2017, registered for offences punishable under Sections 272 and 273 of Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

Allegation is of recovery of about 10 litres of country made as well as foreign liquor.

It has been submitted on behalf of the petitioner that though there is allegation of recovery of 10 litres country made as well as foreign liquor, nothing has been recovered from the conscious possession of the petitioner. Moreover, the petitioner has sufficiently been punished for the said offence as he is in judicial custody since 27.01.2017 and has no criminal antecedent.

Patna High Court Cr.Misc. No.18118 of 2017 (2) dt.21-04-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, quantity of liquor recovered, period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra P.S. Case No. 13 of 2017, subject to the following conditions:- It is also made clear that if the petitioner again found involved in any of such offence, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T